Karnataka HC Raises Compensation To ₹6.26 Lakh For Passenger Injured In KSRTC Bus Tyre Burst

On 18 February 2019, the appellant was travelling as a passenger in a KSRTC bus when a tyre burst, causing injuries to his legs and other parts of his body.

He received treatment and underwent surgery.

The MACT awarded him ₹2,11,089 with interest at 6% per annum.

He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, contending that the Tribunal had assessed his income and disability inadequately.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of the Claims Tribunal.

The Court applied the relevant notional-income guidelines to assess the appellant’s income and assessed loss of future earnings using the multiplier method and the percentage of disability affecting earning capacity.

The judgment cites no precedent or specific statutory provision governing the calculation of disability-based compensation.

The Court found that the Tribunal’s income assessment was not in accordance with the applicable guidelines and fixed the appellant’s monthly income at ₹14,000.

It also found that the evidence showed disability of 21% in the right lower limb and 30% in the left lower limb; taking one-third of the combined limb assessment, it adopted 17% for calculating loss of future income.

Applying the multiplier of 16, the Court recalculated future income loss at ₹4,56,960 and enhanced compensation under loss of amenities and income during treatment, while leaving the other listed heads unchanged.

The enhanced compensation carries interest at 6% per annum from the date of the appeal until realization, except for ₹25,000 awarded for future medical expenses, which carries no interest.

The respondent was directed to deposit the compensation within six weeks of receiving the certified copy of the judgment, and the Tribunal was directed to release the entire amount to the claimant.